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Libya- Twenty Second Session - 2015
13 May 2015 - 14.30 p.m. - 18.00 p.m.
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Accepted and rejected recommendations
II. Legislative and institutional progress made by Libya since the revolution
A. Promulgation of the transitional Constitutional Declaration
5. The transitional Constitutional Declaration was promulgated on 3 August 2011.
7. Chapter II addresses the question of civil rights and liberties, and includes the following provisions of particular significance... Article 5 guarantees the protection of mothers, children and the older persons and care for children, younger persons and persons with special needs.
III. Economic, social and cultural rights
18. Although Libya has considerable economic resources, the policies of the former regime and the corruption that prevailed at the time have prevented the Libyan people from using its resources to build solid foundations for the range of State institutions in a range of areas, including education, health and housing.
A. Right to education
20. Libya has kept education compulsory and free for boys and girls alike until the end of basic education. However, the challenges facing the country in the current phase have cast a shadow over the teaching process. Education has been significantly affected by the recent conflict, and some educational institutions have been targeted by armed groups.
21. Libya has strived to implement the Model Arab Plan for Human Rights Education for the period 2009-2014, which is aimed at integrating human rights principles into the education system, at all levels of education, and thereby ensure that generations of students will be reared to believe in and respect human rights. Libya has stepped up its efforts to implement that Plan by adding human rights as a distinct subject in the university-level curriculum.
22. With regard to the rights of cultural groups to education, the General National Congress adopted Law No. 18 (2013) on the rights of cultural and linguistic groups. The Centre for Educational Curriculums and Education Studies of the Ministry of Education was instructed to include the Amazigh language as a subject matter in the curriculum of grades one to four of primary school in those areas in which the language is spoken.
23. Given that all Libyans have a right to education, the Ministry of Education enrolled displaced students in the schools nearest to where they had been relocated. The State has also established schools in the refugee camps and provides transportation to school. It has furthermore established an office in the Ministry of Education for displaced persons’ affairs. In the 2013/14 academic year, some 1,919 displaced students were enrolled in primary education and 285 were enrolled in secondary education in 13 camps.
24. A special school for children with tumours was established at Tripoli Medical Hospital. There are approximately 47 children enrolled in this school.
C. Protecting women’s rights and empowering women
29. Libya has been a party for quite some time to core international and regional instruments that address the issue of equality between men and women. Libya ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1995, although it did enter some reservations. It was also one of the first countries to ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), which includes a broad array of provisions concerning non-discrimination against women, including with regard to political life, access to justice and violence against women. Other international instruments that Libya has ratified place upon it additional obligations to protect women’s rights, ensure the equality of women before the law and protect against discrimination. Those instruments include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child.
D. Rights of persons with disabilities
34. Council of Ministers Decision No. 20 (2012) on the adoption of the organizational structure and the competencies of the Ministry of Social Affairs, article 2, paragraph 18, provides that the Ministry shall be responsible for providing the services required by the residents of social institutions and centres for persons with special needs, managing their affairs and establishing the framework for their care and rehabilitation. Paragraph 19 of that same article provides that the Ministry shall be responsible for supervising and monitoring the operation of social care facilities; centres and institutions for the education and training of persons with special needs; and orphanages. The Ministry must also ensure that those facilities and institutions work together to provide integrated services. The following specialized bodies subsidiary to under the Ministry of Social Affairs are responsible for the care of persons with disabilities:
• The General Authority for the Social Security Fund
• The Centre for Training Persons with Disabilities, Benghazi
• The Centre for Training Persons with Disabilities, Janzur
• The Sawani Centre for Training Persons with Disabilities
• The National Commission for Persons with Disabilities
VI. Internally displaced persons and persons displaced to neighbouring States
46. On 2 October 2014, the Transitional Government pledged to pay school fees of all Libyan students in Egypt and Tunisia.
VII. Responses to recommendations
Recommendations 93.4-5, 93.8-10, 93.35, 93.39 and 93.58 on promoting respect for human rights and human rights education
50. With regard to education, since the beginning of the transitional period, substantial attention has been devoted to increasing respect for and enhancing protection of human rights and basic freedoms. Numerous symposiums and workshops have been held specifically for women, children and other groups that require special attention, in order to raise their awareness of their rights and duties. The media have been used in those awareness-raising efforts.
51. Numerous activities have been conducted in coordination with UNSMIL and international and local civil society organizations. In addition, focus has been placed on developing educational curriculums at the primary level that instil a sense of national belonging and the concept of the rights of citizenship. At the university level, focus has been placed on incorporating human rights-related educational programmes and materials.
• The Constitutional Declaration includes a chapter addressing rights and civil liberties that contains the following provisions of particular significance.
48. The post-revolutionary transitional authorities have taken note of these recommendations and taken tangible measures to enact the legislation necessary to implement them, including the following:... Article 5 guarantees the protection of mothers, children and the older persons and care for children, younger persons and persons with special needs.
Recommendations 93.14-15, 93.20-28, 93.33, 93.36, 93.50, 95.8 and 98.27-28 on prohibiting discrimination against women and advancing their status
59. Law No. 58 (1971), article 95, provides that women may not be employed in difficult or dangerous jobs. Article 97 of that Law allows a working woman nursing her child daily nursing breaks of not less than half an hour during working hours. The Social Insurance Act, Law No. 13 (1980), provides for three months of maternity leave for working women.
60. With regard to marriage, divorce, inheritance and the granting of citizenship to the children of women married to foreigners, the Islamic sharia and national legislation regulate marital relations and forbid sexual relationships outside of marriage. There is no question that the observations made in this regard touch in a major way on the particular religious character of Libyan society, which is Muslim in nature, and the laws of which governing personal status and relations are derived from the principles of the sharia. Within that framework, the rights granted to women are equal to those of men, but they are not completely identical, given the qualitative and natural differences between the sexes. Insisting on a kind of equality that does not take into account these considerations would detract from the dignity and rights of women. The observation regarding women inheriting half of a man’s share might perhaps reflect a lack of precise knowledge of the law of inheritance in Islam. Under the Islamic sharia, a woman inherits half of a man’s share in four circumstances, a share equal to that of a man in 12 circumstances, and a share greater than that of a man in 15 circumstances. There are also five circumstances in which a woman inherits and a man does not.
62. With regard to the issue of Libyan mothers married to foreigners not being permitted to pass Libyan citizenship on to their children, we draw your attention to Law No. 24 (2010) concerning provisions for Libyan citizenship, article 11 of which gives Libyan women the right to pass Libyan citizenship on to their children. An implementing regulation was supposed to have been put in place for that article. However, the political and security turmoil of Libyan affairs has not allowed for the promulgation of that implementing regulation. The Law remains in force at the present time.
Recommendations 93.12, 93.31 and 93.48 on the rights of the child
63. The Government strives to create a suitable environment that provides protection to children, who account for one third of the inhabitants of Libya. That includes institutional capacity building, such as the establishment of a High Council for Childhood; the establishment of training programmes for social workers at the Ministry of Social Affairs in cooperation with the United Nations Children’s Fund; and the harmonization of child protection laws with international standards. At the same time, Ministry of Social Affairs, in cooperation with local councils, has undertaken to establish creativity centres to develop and channel children’s activities and create safe play spaces for children by building playgrounds in major cities damaged by the conflict. Libya is among the States that have extended an open invitation to all special procedures mandate-holders. With regard to the issue of Libyan mothers married to foreigners Libyan not being permitted to pass Libyan citizenship on to their children, we draw attention to Law No. 24 (2010) concerning provisions for Libyan citizenship, article 11 of which gives Libyan women the right to pass Libyan citizenship on to their children. It should also be noted that Law No. 5 (1987) concerning persons with disabilities remains in force. It grants a number of benefits to persons with disabilities in general and children in particular.
Recommendations 93.1, 93.29-32, 93.54, 93.57 and 95.3 on persons with disabilities
64. Council of Ministers Decision No. 20 (2012) on the adoption of the organizational structure and the competencies of the Ministry of Social Affairs, article 2, paragraph 18, provides that the Ministry shall be responsible for providing the services required by the residents of social institutions and centres for persons with special needs, managing their affairs and establishing the framework for their care and rehabilitation. Paragraph 19 of that same article p provides that the Ministry shall be responsible for supervising and monitoring the operation of social care facilities; centres and institutions for the education and rehabilitation of persons with special needs; and preschools, and also the provision of supplementary services for such facilities. The following specialized bodies under the Ministry of Social Affairs are responsible for the care of persons with disabilities:
(a) The General Authority for the Social Security Fund;
(b) The Centre for Training Persons with Disabilities, Benghazi;
(c) The Centre for Training Persons with Disabilities, Janzur;
(d) The Sawani Centre for Training Persons with Disabilities;
(e) The National Commission for Persons with Disabilities.
Recommendations 93.13, 93.49, 93.53, 93.55-57 and 93.59 on the improvement of education and health care
66. The previous regime did not devote the necessary attention to these two sectors. Although compulsory education at the primary level was free of charge, and education was also available in the private sector, there was no focus on improving the quality of education by keeping up with the latest developments in educational materials and curriculums across the various fields of science and learning.
67. Following League the adoption of Arab States resolution 391 of 2007, which provided for the drafting of a model Arab plan for human rights education for the 2009-2014 period, the Standing Human Rights Committee issued recommendations on the basis of which a study of the plan and education research were conducted, and educational materials containing human rights concepts were identified for all education levels. On 9 February 2014, a national plan was set forth for implementation of the Arab plan for human rights education. However, owing to the difficult circumstances and challenges being faced by Libya during the transitional period, many goals were not achieved. Energies have been diverted towards addressing the repercussions of exceptional security-related events, in particular enrolment by displaced students in the schools nearest to their places of residence. In addition, a special school for children with tumours has been established at Tripoli Medical Hospital, with approximately 47 students enrolled.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
12. UNCT stated that, while Law No. 24/2010 on Rules of Libyan Nationality granted Libyan nationality to anyone born in Libya to a Libyan mother and a father of unknown nationality, no legislation was in place to ensure the right of Libyan women married to men of a known foreign nationality to confer their Libyan nationality on their husbands or their children.
13. UNHCR recommended that Libya ensure that mothers were able to pass their nationality to their children, regardless of the status or nationality of the child’s father, and ensure the full and effective implementation of the obligations Libya had undertaken under the two statelessness conventions and general human rights instruments.
14. UNHCR indicated that refugees and asylum seekers from Sub-Saharan Africa proved to be at greater risk of persistent discrimination. They faced significant challenges in accessing civil registration of their newly born children. In particular, women from Sub- Saharan Africa who were not accompanied by men could be suspected of being prostitutes and face detention when delivering their babies at government hospitals. UNHCR recommended that Libya ensure access to birth registration for all children born in Libya.
B. Right to life, liberty and security of the person
31. The Secretary-General indicated that UNSMIL had worked closely with the Judicial Police to establish a census of prison inmates and facilitate screening by public prosecutors. As a result, a list of over 6,200 inmates, including 10 children, had been drawn up. According to the list, only 10 per cent of the inmates had been tried.
34. The High Commissioner for Human Rights noted that UNSMIL/OHCHR had received reports of children killed or maimed as a result of the violence, victims of attacks on schools and hospitals, and affected by the denial of humanitarian access.
G. Right to education
61. The High Commissioner for Human Rights stated that schools had been extensively damaged by shelling, limiting access to education. Schools in Benghazi, Tripoli and other places had been closed and converted into makeshift shelters for internally displaced persons. Schools in the Warshafana areas and Nafusa Mountains were reportedly being used as bases by armed groups for launching attacks.
I. Migrants, refugees and asylum seekers
67. The Secretary-General also expressed serious concern about the detention of asylum seekers, refugees and migrants, including children. He stated that the arbitrary detention of non-nationals had remained widespread and prolonged. Those detained did not usually have the means to challenge their detention.The High Commissioner for Human Rights and UNCT expressed similar concerns. UNHCR recommended that Libya ensure that detention of persons in need of international protection was used only as a measure of last resort, and apply alternatives to detention.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
20. NQM continued that Law No. 24/2010 remained ambiguous with respect to the ability of women to confer their nationality on their children if their husbands were non- nationals. Libyan men, by contrast, were able to confer their nationality on their children irrespective of the nationality of their wives.
24. JS1 and JS4 noted that, in March 2013, the Grand Mufti, had reportedly issued a Fatwa against the agreed conclusions of the UN Commission on the Status of Women on the elimination and prevention of all forms of violence against women and girls, on the grounds that they were incompatible with Sharia law. JS4 also indicated that the Grand Mufti had then called for gender segregation at universities and offices, saying a mixed gender environment “encourages unethical behavior”.
2. Right to life, liberty and security of the person
49. Child Rights International Network (CRIN) and Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment of children was lawful, despite repeated recommendations to prohibit it by CRC, CAT, and the HR Committee, and during the 1st cycle UPR.85 GIEACPC in particular indicated that corporal punishment of children was lawful in the home, alternative care settings, day care and the penal system, including as a sentence for crime.
46. JS1 and JS3 stated that many women and girls detained in “social rehabilitation” facilities for suspected transgressions of moral codes had committed no crime, or had already served a sentence. Some were there for no other reason than that they had been raped and were ostracised by their family.
6. Right to health
78. According to JS4, child healthcare was a key concern in towns with oil refineries and cement factories due to widespread environmental pollution. In rural towns, paediatricians were hard to find. JS4 also noted a lack of hospitals or clinics with specialist medical equipment, causing the deaths of many new-born babies, due to lack of incubators.
80. JS4 noted that, in rural areas, poor public transport hindered access to education facilities. This problem was particularly important for female students who were not allowed to travel alone.
83. NLODPD stated that two recommendations about improving education for people with disabilities had not been implemented despite enjoying Libya’s support. Libya had failed to ensure that students with disabilities were able to access state funded education and to provide specialised staff and equipment.
9. Minorities and indigenous peoples
86. The Libyan Association for the Protection of Tebu Culture (LAPTC) stated that the Constitutional Declaration recognised only Arabic as the official language. Alkarama noted that GNC had passed Law No. 18 on the Rights of Cultural and Linguistic Minorities and recognised the languages of the Amazigh, Toubou (Tebu/Tabu) and Tuareg as an integral part of the linguistic and cultural heritage of the country. The law also guaranteed teaching of minority languages in the national education system. JS4, however, noted that the State had failed to take positive steps to train teachers or create appropriate curricula for education in minority languages.
11. Internally displaced persons
95. JS4 indicated that Tawerghan students had experienced discriminatory treatment in State funded schools and that Tawerghan families had been forced to set up their own schools in the camps. However, these schools lacked basic supplies and trained teaching staff.
Accepted and rejected recommendations
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